79 results for 'judge:"Stevens"'.
J. Stevens finds that the lower court properly convicted defendant of sodomy. Multiple witnesses testified that the victim was extremely intoxicated, rendering her incapable of giving consent to having sex with defendant. Further, the trial court did not err in admitting defendant's statement that his wife wanted a divorce because he "had a Facebook girlfriend," as this does not qualify as character evidence and says nothing about his propensity to have sex with unconsenting women. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: December 5, 2023, Case #: ED110967, Categories: Evidence, Sex Offender
J. Stevens finds that the lower court improperly denied the restaurant group's motion to compel arbitration in an employee's sex discrimination and retaliatory discharge suit. The restaurant did not violate any procedural prerequisites to arbitration, and the question of arbitrability rests with the arbitrator pursuant to the parties' contract. Reversed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: December 5, 2023, Case #: ED111609, Categories: Arbitration, Employment Retaliation
J. Stevens finds that the trial court properly terminated the mother's parental rights to her children based on sufficient evidence to support the statutory ground. The mother engaged in endangering conduct in multiple ways, including by not complying with her family service plan, being jailed for weeks and testing positive for illegal drugs. Affirmed.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: November 27, 2023, Case #: 06-23-00061-CV, Categories: Evidence, Family Law
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J. Stevens grants a writ of mandamus to the parents seeking to vacate the court's temporary order granting the grandmother managing conservatorship of the child with the right to decide the primary residence. There were no findings that either parent was unfit or that they voluntarily surrendered possession of the child.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: November 20, 2023, Case #: 06-23-00085-CV, Categories: Civil Procedure, Family Law
J. Stevens finds that the trial court properly terminated the mother and father's parental rights to their children based on sufficient evidence to support the statutory grounds and best interest findings. The endangering conduct finding was supported by a "continued pattern of domestic violence and drug use" by the mother and father. Affirmed.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: November 13, 2023, Case #: 06-22-00020-CV, Categories: Evidence, Family Law
J. Stevens denies mandamus relief to the former inmate who sought to be released after he was civilly committed for treatment and supervision due to being deemed a sexually violent predator. The former inmate had only been in the supervision and treatment program for a month and failed to show his "behavioral abnormality had changed to the extent that he was no longer likely to engage in a predatory act of sexual violence."
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: October 30, 2023, Case #: 06-22-00079-CV, Categories: Civil Procedure, Commitment
J. Stevens finds that the trial court properly terminated the mother's parental rights to her child based on sufficient evidence to support the best interest finding. The mother admitted to using meth during her pregnancy, did not complete the offered services to address her substance abuse and improve her parenting skills, and lacked the ability to provide for the child's needs. Also, the child was doing well in her placement with the adoptive family of her half-brother. Affirmed.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: October 27, 2023, Case #: 06-23-00059-CV, Categories: Evidence, Family Law
J. Stevens finds that the lower court properly entered a dispositional order following an adjudication of delinquency on a juvenile male's charges of sexual assault of a female classmate at his brother's home. This court cannot reweigh, as the juvenile requests, the lower court's credibility determinations of the evidence presented. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: September 26, 2023, Case #: J-S24038-23, Categories: Evidence, Sex Offender, Assault
J. Stevens finds that the lower court properly denied defendant’s Post Conviction Relief Act appeal challenging his sentencing for the murder of an elderly woman in her home after his girlfriend stole money from the woman’s debit card. Defendant failed to demonstrate that the outcome of the trial would have differed if the duct tape used to cover the woman’s mouth, nose and eyes was tested for DNA evidence. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: September 22, 2023, Case #: J-S28043-23, Categories: Evidence, Murder, Sentencing
J. Stevens finds that the lower court properly awarded shared legal and physical custody of a three-year-old boy to his biological father and his late mother’s partner, who believed he was the child’s father, and acted as such, until recent paternity testing. Shared custody is in the child’s best interest. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: September 6, 2023, Case #: J-S24031-23, Categories: Civil Procedure, Evidence, Guardianship
J. Stevens finds that the lower court properly convicted defendant of child abuse and endangering the welfare of a child. A jury reasonably found that defendant created an actual risk to her daughter by failing to take her to the hospital after the girl confided her detailed plan to commit suicide. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: September 5, 2023, Case #: ED110820, Categories: Domestic Violence, Child Victims
J. Stevens finds the lower court improperly dismissed defendant’s petition for post-conviction relief. Defendant entered into a plea agreement for third-degree murder with an understanding that his 10 to 20 year sentence would run concurrently with his federal sentences. But the lower court lacked jurisdiction to order a concurrent sentence, as federal courts do not have to adhere to the orders of state courts. Defendant did not find out until 2012 that he could not begin serving his federal sentences until his state sentence was completed. While there is no relief available to defendant for breach of contract in that he has completed service of his state sentence, the instant court vacates his sentence while retaining the underlying conviction. Vacated.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: August 18, 2023, Case #: 2412EDA2021, Categories: Sentencing, Plea, Jurisdiction
J. Stevens finds that the trial court properly granted the city's jurisdictional plea in an auto passenger's suit over alleged injuries from a crash with a vehicle driven by a city employee. The city did not receive actual notice of the passenger's claims, so it was immune from suit. Affirmed.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: August 4, 2023, Case #: 06-23-00011-CV, Categories: Tort, Jurisdiction
J. Stevens finds that the trial court erred in granting the appellants' attorney's motion to withdraw in a suit involving a company's lien rights against a property. The attorney failed to take "reasonable steps to mitigate the negative consequences to his clients due to his withdrawal." Reversed.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: July 31, 2023, Case #: 06-22-00047-CV, Categories: Civil Procedure, Property
[Consolidated.] J. Stevens finds that the lower court improperly issued discovery orders in this wrongful death and survival action brought by the decedent of a foster care parent murdered by her foster child, then 17 years old. The court’s order was improperly based on the ground that the discovery did not seek information from the foster care case record. Vacated.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: July 28, 2023, Case #: J-A10034-23, Categories: Civil Procedure, Negligence, Wrongful Death